DeVaugh v. United States Department of Justice et al
| Richard DeVaugh |
| Gubbiotti, Pikulski, United States Department of Justice, Trently and Hugar |
| 3:2014cv01833 |
| September 22, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Wayne |
| JV |
| Richard P. Conaboy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
9
MEMORANDUM (Order to follow as separate docket entry)The Department of Justice is not a properly named Defendant. Second, DeVaughs present allegations clearly challenge the validity of the duration of his ongoing confinement and as such are more app ropriate for federal habeas corpus review and not properly asserted in a civil rights action. See Thibodeau v. Watts, 2006 WL 89213 *2 (M.D. Pa. Jan. 11, 2006). Third, Plaintiffs requests for compensatory and punitive damages are premature under He ck. Since Plaintiffs civil rights complaint is "based on an indisputably meritless legal theory," it will be dismissed, without prejudice, as legally frivolous. Wilson, 878 F.2d at 774. Plaintiff, if he so chooses, may reassert his present claims in a properly filed § 2241 action. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 10/20/14. (cc)
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